SABIR HUSSAIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned Counsel for the petitioners, and learned Government Pleader No. VII for respondent Nos. 1 to 4.

(2.) THIS writ petition is directed against the order dated 28.5.2001 (Annexure -4), passed by the learned Collector, Muzaffarpur in Case No. 26 (Misc.) 1998 -99 Ganesh Choudhary v. Md. Sabir Hussain and Ors. whereby he has directed the Anchai Adhikari of Katra and Anchai Adhikari, Aurai, to remove the encorachments at the instance of the present petitioners on the land in question.

(3.) IT further appears from the statements made in the writ petition that the petitioners had purchased the land covering an area of 3 decimals including the land in question by a registered deed of absolute sale dated 26.3.1999 from Murari Choudhary, son of the landlord. It further appears from the writ petition that the petitioners made some construction on the land in question after the registered deed of sale in their favour. Thereafter, differences arose between respondent No. 5 and the petitioners which led to an application for removal of the construction before the learned Collector of Muzaffarpur, which was registered as No. 26 (Misc.) 1998 -99 Ganesh Choudhary v. Md. Sabir Hussain and Ors. The order -sheet of that Misc Case is marked Annexure -4 to the writ petition. By order dated 30.7.1998, the learnec Collector called for a report from the Circle Officer. It appears from the order dated 4.3.1999 that on a perusal of the report of Circle Officer, the application of respondent No. 5 was admitted and notice was issued to the opposite parties (the petitioners herein). Thereafter, the matter was taken up on 12.4.1999, 20.5.1999 and 14.6.1999. The petitioner did not appear and, therefore, the learned Collector by his order dated 15.7.1999 directed for issuance of notice to the opposite parties (the petitioners herein) per registered post. It appears from the order dated 16.8.1999 that the opposite parties (the petitioners herein) entered appearance through Counsel and filed duly executed Vakalatnama. It further appears from the order -sheet that the opposite parties (the petitioners herein) sought adjournment on various occasions, and were present on other occasions. Ultimately, the impugned order dated 22.5.2001 (Annexure -4) was passed, whereby the learned Collector allowed the petitioners' application holding that Basgit Parcha had been issued in favour of respondent No. 5 herein long time ago, and the petitioners herein are causing obstruction to the peaceful possession of respondent No. 5 herein. He has, therefore, passed the impugned order directing the Anchal Adhikari, Katra, and the Circle Officer, Aurai, to take steps to get the land in question rid of the encroachment from the petitioners herein.